Marquis v. Federal Deposit Insurance Corp.

965 F.2d 1148 (1992) | Cited 142 times | First Circuit | June 4, 1992


Entered June 4, 1992

The petition for rehearing en banc filed by the Federal Deposit Insurance Corporation is, under this court's internal operating procedures, considered both by the panel and by the full court. Panel rehearing is hereby denied for the following reason.

The FDIC's argument to the effect that 12 U.S.C. § 1821(d)(6)(A) requires a stay of pre-receivership litigation until the statutory claims review process is completed has no bearing on these appeals (as here, the district court granted, rather than denied, a supplemental stay). The instant petition, therefore, amounts to no more than a request for an advisory opinion - a request that we decline to honor. We take no view of whether, in an appropriate case, section 1821(d)(6)(A) may require a supplemental stay pending completion of the administrative claims review process.

* Of the District of Massachusetts, sitting by designation.

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